Civil Aviation Safety Authority v Boatman [2004] FCA 915

FEDERAL COURT OF AUSTRALIA

Civil Aviation Safety Authority v Boatman [2004] FCA 915 ADMINISTRATIVE LAW – pilots holding civil aviation authorisations – authorisations suspended by Civil Aviation Safety Authority (CASA) pending investigation of conduct suspected of constituting serious and imminent risk to air safety – statutory power of court to make order to enable completion of CASA investigation – whether court empowered to make an order when CASA investigation completed STATUTORY INTERPRETATION – statutory power of court to extend duration of suspension imposed by statutory regulator – general statutory presumption that power to make an order exercisable 'from time to time as occasion arises' – whether presumption rebutted by context – intention apparent from surrounding provisions that order be for purpose of enabling completion of pending investigation – presumption held rebutted Civil Aviation Act 1988 (Cth) Pt 3 Div 3A, ss 30DC, 30DE, 30DF, 30DG, 30DH(1)(b), 30DI(1)(b), 31A Acts Interpretation Act 1901 (Cth) s 33(1) Civil Aviation Safety Authority v Boatman [2004] FCAFC 165 related Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 cited Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 cited Pfeiffer v Stevens (2001) 209 CLR 57 cited Civil Aviation Safety Authority V Graeme Boatman And Valerie Kennedy ACD 13 OF 2004 GYLES J 13 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 13 OF 2004

BETWEEN: CIVIL AVIATION SAFETY AUTHORITY

APPLICANT

AND: GRAEME BOATMAN

FIRST RESPONDENT

VALERIE KENNEDY

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 13 JULY 2004

WHERE MADE: SYDNEY